'Language and the CJEU': CELS Seminar

Speaker: Dr Andriani Kalintiri, King’s College LondonAbstract: Is EU antitrust law resilient in the face of change? This question has acquired prominence amidst the many crises and disruptions of recent times, such as the COVID-19 pandemic, climate change and digitalisation. Attempts to answer it though have been rather narrow in scope and tend to employ the language of resilience casually. This article contributes to knowledge (a) by developing a conceptual framework for understanding and assessing legal resilience in administrative enforcement systems and (b) by applying it to Articles 101 and 102 TFEU with a view to investigating its ability to respond to change in a systematic manner. The analysis reveals that the current regime exhibits several design features that enable decisionmakers to make resilience choices as needed, and the resilience choices that have been made on various occasions are prima facie justifiable given the nature of the problem the European Commission and/or the EU Courts were faced with. However, certain aspects of the existing legal framework may weaken or limit EU antitrust law’s ability to deal with certain problems, in particular (very) complex ones, whereas some of the resilience choices that have been made have had implications for legal certainty, coherence and legitimacy that may not have been sufficiently appreciated so far. The article highlights the added value of a legal resilience perspective for effectively using EU antitrust law as a tool for tackling problems in an ever-changing world and demonstrates that, albeit not a panacea, such a perspective may reinforce the quality of enforcement and public’s trust in it.3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners: https://www.3cl.law.cam.ac.uk/centre-activitiesFor more information about CELS see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Barend van Leeuwen, Durham UniversityAbstract: What do we mean when we talk about the "horizontal direct effect" of the free movement provisions? You would think that, after decades of case law on the free movement provisions, the meaning of this concept should be relatively clear and crystallised. However, there is still a significant amount of disagreement about the very meaning of the concept of "horizontal direct effect". While some EU lawyers speak of horizontal direct effect when the free movement provisions are applied in a dispute between private parties (a procedural approach), other EU lawyers will only refer to horizontal direct effect when the rule or conduct that is being challenged is of a private nature (a substantive approach). This paper will analyse these different interpretations of the concept of horizontal direct effect through the lens of the "Familiapress dilemma". It will be argued that a distinction should be made between horizontal direct effect cases (in which private rules or actions are challenged in a dispute between private parties) and horizontal enforcement cases (in which State rules or actions are challenged in a dispute between private parties). The problem with a procedural approach to horizontal direct effect is that no connection is made between direct effect and the question of who is held responsible (and liable) for breaches of the free movement provisions. This makes it more difficult to provide effective judicial protection to victims of breaches of free movement law, because it is unclear who should ultimately "pay the bill". Against this background, it will be argued that the CJEU should develop more explicit techniques or "formulas" to allocate responsibility in free movement cases. In parallel, the CJEU should improve the effectiveness of the remedies of State liability and private liability for breaches of the free movement provisions.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speakers: Professor Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) and Dr Markus W. Gehring, Associate Professor, Faculty of Law and Member of CELS. Abstract: On 18 September 2023 the Group of 12 Experts from both France and Germany released their proposal ‘Sailing on High Seas: Reforming and Enlarging the EU for the 21st Century’. The Group make two proposals on the Rule of Law and five further proposals for institutional reform. Overall, the Group had three objectives to increase the EU’s capacity to act, to get the institutions ready for enlargement and strengthen democratic legitimacy and rule of law. This resulted in a series of proposals for inter alia treaty change. The proposals are all on a continuum but largely aim for reform rather than a recreation of the European Union. They align with other reform proposals and at times take up proposals that were made for EU reform in the past or indeed discussed during the EU Constitutional convention process in the early 2000s. The objective here was clearly reformation rather than revolution. This conversation discusses some of the individual reform proposals in the context of the practice of the Court of Justice – could these proposal mean the beginning of 'Europe’s Second Constitution'?For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024)Abstract: As an AG Professor Sharpston worked on religious discrimination and employment matters, delivering an opinion in one of the first two hijab cases (Bougnaoui) and then the ‘shadow opinion’ in Wabe and Müller, which she posted via Professor Steve Peers’ EU law blog after leaving the Court. She has already compared Achbita and Bougnaoui to the decisions in Egenberger and the Caritas hospital case (IR v JQ) in her festschrift contribution for Allan Rosas. Unsurprisingly, she has been keeping an eye open for further developments in that case law (WABE and Müller, S.C.R.L (Religious clothing) and, most recently, Commune d’Ans (Grand Chamber, 28 November 2023). Additionally, she has also been looking at what the Court has been saying in relation to ritual slaughter of animals (as required for meat-eating observant Jews and Muslims). Notable cases include Liga van Moskeeën, Oeuvre d’assistance aux bêtes d’abattoirs (OABA) and Centraal Israëlitisch Constistorie. The case law of the European Court of Human Rights also addresses these issues: Eweida v UK on religious symbols in the workplace, and the very recent decision (13 February 2024) in Executief van de Moslims van België and Others v Belgium on banning ritual slaughter of animals without prior stunning. The cases are constitutionally important in terms of the deference shown to Member States; and in some respects, they are troubling for anyone who is religious and non-Christian.Discussion chaired by Dr Markus W. Gehring, Associate Professor, Faculty of Law and Member of CELS.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: José Barroso, former President of the European CommissionBiography: José Manuel Durão Barroso served twelve years in the Government of Portugal including as Prime Minister and Minister of Foreign Affairs Minister. He was President of the European Commission during two mandates (2004/2014).His academic appointments include visiting professor at Georgetown University and visiting professor at Princeton University. He is currently a visiting professor at the Catholic University of Portugal and at the European University Institute, School of Transnational Governance, Florence. José Manuel Barroso studied Law (University of Lisbon) Political Science and International Affairs (University of Geneva).He is currently Chair of the Board of Gavi, the Vaccine Alliance, and Chairman of International Advisors, Goldman Sachs.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The CJEU is a court that speaks through a single judgment, and that ‘dialogues’ with its Advocates General without ever saying quite what that dialogue means. What is the reader to make of the interplay between the individual opinion of the advocate general and the collective decision of the judges? The final seminar in the series asks some questions, suggests some partial answers, and invites reflection on whether the current arrangements should ‘evolve’ (and, if so, in what direction).For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speakers: João Vale de Almeida, Former Ambassador of the European Union to the United Kingdom (2020-2022) and Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The UK and EU relationship has not been straight forward since Brexit but since Rishi Sunak became Prime Minister a certain amount of pragmatism has prevailed. Meanwhile, the European Union is facing significant geo-political challenges – not least the war in Ukraine and the Israel-Palestine conflict. Does it have capacity to think about these broader issues? The Ukraine conflict has led to much deeper thinking about enlargement of the EU, not just for Ukraine but also the Baltic states. The question of Europe of concentric circles has been raised again. What might a Europe of concentric circles mean for the accession and neighbourhood countries? What else can be done to improver relations with our closest trading partner?For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: A common complaint of common lawyers is that the way in which CJEU judgments are written is abstract and obscure. The criticism is levelled most notably at judgments that reply to requests for a preliminary ruling from national courts. Once you understand about language and the Court, there are a lot of hidden clues, if you only know where to look for them. This second seminar is designed to help you squeeze the maximum information out of the text, and alert you to what those formulae you’re reading really mean.For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The CJEU is unique in having 24 equally valid languages of procedure, plus an informal and unofficial working language (French) which is not necessarily spoken by as great a percentage of staff members in 2023 as it was when the Court was first set up by the original six founding Member States. What does running a 24-language court mean in theory and in practice? How does the diversity of language – and indeed of legal tradition (in the sense of how legal argument is presented) – impact upon the way the CJEU functions, how it handles its caseload, and how it writes its judgments? For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

On 12 May 2023 the Cambridge University Centre for European Legal Studies and (CELS) and the Ukrainian Catholic University School of Law held a webinar on the topic 'The Impact on Russia’s War against Ukraine and the EU Legal Order'. Dr Luigi Lonardo (University College Cork) will discussed his book ‘Russia’s 2022 War Against Ukraine and the Foreign Policy Reaction of the EU: Context, Diplomacy, and Law’ which focuses on the pre-war EU-Ukraine relations and the effects of Russia’s 2022 war against Ukraine on the EU, and the EU’s reaction to the war. There were five speakers at the event: Speaker: Dr Luigi Lonardo (University College Cork) Chair: Dr Markus Gehring (University of Cambridge) Introduction: Nataliya Haletska Respondent: Professor Taras Leshkovych (Ukrainian Catholic University Law School) Respondent: Dr Maxim Kolyba (Ukrainian Catholic University Law School) This entry provides an audio source for iTunes.